HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"alumni association" means the association for graduates of the university;

"board" means the board of governors of the university;

"chancellor" means the chancellor appointed under section 5;

"convocation" means the convocation of the university;

"faculty" means an educational administrative division of the university constituted by the board;

"faculty member" means a person employed by the university as an instructor, a lecturer, an assistant professor, an associate professor, a professor, or in an equivalent position designated by the university council;

"Planning Council for Open Learning" means the Planning Council for Open Learning established under section 11;

"president" means the president appointed under section 7;

"registrar" means the registrar appointed under section 7;

"student" means a person who is enrolled in a credit course at the university;

"university" means the Thompson Rivers University continued by this Act;

"university council" means the university council established under section 8.

Thompson Rivers University

2 (1) The University College of the Cariboo is continued as a corporation under the name Thompson Rivers University and is composed of the members of the board and members of the convocation.

(2) The university has the powers and capacity of a natural person of full capacity to exercise its powers and perform its duties and functions under this Act.

(3) The university has the power in its own name to grant degrees and to award certificates and diplomas established in accordance with this Act.

(4) The Business Corporations Act does not apply to the university, but on the recommendation of the minister, the Minister of Finance, by regulation, may declare that all or part of that Act applies to the university.

(5) Despite other provisions of this Act,

(a) the board of the University College of the Cariboo remains the board of the university until the members of the board are elected and appointed as provided in this Act,

(b) the education council of the University College of the Cariboo is the university council until the members of the university council who require election or appointment are elected and appointed as provided in this Act, and

(c) the chancellor to serve until the board makes an appointment under section 5 (1) is the person the board of the University College of the Cariboo appoints to serve as chancellor on the coming into force of this Act.

Purposes

3 (1) The purposes of the university are

(a) to offer baccalaureate and masters degree programs,

(b) to offer post-secondary and adult basic education and training,

(c) to undertake and maintain research and scholarly activities for the purposes of paragraphs (a) and (b), and

(d) to provide an open learning educational credit bank for students.

(2) The university must promote teaching excellence and the use of open learning methods.

(3) In carrying out its purposes, the university must serve

(a) the educational and training needs in the region specified by the Lieutenant Governor in Council, and

(2) For the purposes of subsection (1), a reference in the University Act to the "senate" is deemed to be a reference to the "university council".

(3) Despite subsection (2), a reference in section 36 of the University Act to

(a) "senate" is deemed to be a reference to "university council or Planning Council for Open Learning", and

(b) "section 35 (2) (h)" is deemed to be a reference to "section 8 (2) (h) or 11 (h) of the Thompson Rivers University Act".

(4) Despite subsection (2), a reference in section 38 of the University Act to "section 37 (1) (i), (p) and (u)" is deemed to be a reference to "section 10 (e) and (k) of the Thompson Rivers University Act".

Chancellor

5 (1) The chancellor of the university is to be appointed by the board, on nomination by the university council after its consultation with the alumni association.

(2) The chancellor holds office for 3 years and thereafter until a successor is appointed.

(3) The chancellor is eligible for reappointment.

(4) A chancellor may not hold office for more than 6 consecutive years which, as calculated, must not include time in office as a result of

(a) being appointed for the unexpired term of the predecessor in office, or

(b) continuing to hold office until a successor is appointed.

(5) The chancellor must not be employed by the university.

Vacancy in office of chancellor

6 (1) If the office of chancellor becomes vacant for any reason before the expiration of the chancellor's term of office, the vacancy must be filled as soon as practicable as described in section 5 (1).

(2) A person appointed under subsection (1) holds office for the unexpired term of the predecessor in office.

Powers and duties of the board

7 (1) The management, administration and control of the property, revenue, business and affairs of the university, except those vested in the university council or the Planning Council for Open Learning, are vested in the board.

(2) Section 27 (2) to (7) of the University Act applies for the purposes of subsection (1).

(3) For the purposes of subsection (2), a reference in the University Act to the "senate" is deemed to be a reference to the "university council".

University council

8 (1) The university council is established.

(2) The university council is composed of the following:

(a) the chancellor;

(b) the president, who is its chair;

(c) the academic vice president or equivalent;

(d) the deans of faculties;

(e) the chief librarian;

(f) the registrar;

(g) two faculty members for each faculty, elected by faculty members of the faculty;

(h) four students elected by the students;

(i) one alumni member who is not a faculty member, appointed by the president on nomination by the alumni association;

(j) one administrator of the Open Learning Division, appointed by the president;

(k) subject to subsection (5), 4 members of the teaching staff in the Open Learning Division, elected by members of the teaching staff in the Open Learning Division;

(l) two support staff, elected by the support staff;

(m) one non-voting member of the university council, if appointed to the university council by the board to serve for one year.

(3) For the purposes of subsection (2) (g), "faculty" does not include the Open Learning Division.

(4) For the purposes of subsection (2) (l), "support staff" means employees of the university who are not

(a) officers of the university, or

(b) deans or faculty members.

(5) If the total number of faculty members elected for the purposes of subsection (2) (g) exceeds 20, the number of members of the teaching staff in the Open Learning Division to be elected under subsection (2) (k) is

(a) 20% of the total number of faculty members elected for the purposes of subsection (2) (g), if the number so calculated is a whole number, and

(b) if the number calculated under paragraph (a) is not a whole number, the whole number that is next highest to the number calculated as described in paragraph (a).

Powers of the university council

9 (1) The university council must make bylaws for the conduct of the business of the university council, including bylaws specifying the duties of members of the university council in conflict of interest situations.

(2) The university council has the power and duty to do all of the following:

(a) regulate how its meetings and proceedings are conducted, including determining

(i) the quorum necessary for the transaction of its business, and

(ii) how a vice chair, who is to chair meetings in the absence of the president, is annually elected;

(b) set criteria for awarding certificates, diplomas and degrees, including honorary degrees;

(c) set curriculum content for courses leading to certificates, diplomas and degrees;

(d) set qualifications for admission;

(e) set policies concerning examinations and evaluation of student performance;

(f) set residency requirements for awarding credentials for courses and programs;

(g) set policies concerning student withdrawal from courses, programs or the university;

(h) set criteria for academic standing, academic standards and the grading system;

(i) set criteria for awards recognizing academic excellence;

(j) set policies and procedures for appeals by students on academic matters and establish a final appeal tribunal for these appeals;

(k) set policies on curriculum evaluation for determining whether

(i) courses or programs, or course credit, from another university or body are equivalent to courses or programs, or course credit, at the university, or

(ii) courses or programs, or course credit, from one part of the university are equivalent to courses or programs, or course credit, in another part of the university.

Advisory role of university council

10 The university council must advise the board, and the board must seek advice from the university council, on the development of educational policy for the following matters:

(a) the mission statement and the educational goals, objectives, strategies and priorities of the university;

(b) the establishment, revision or discontinuance of courses and programs at the university;

(c) the preparation and presentation of reports after implementation by the university without prior review by the university council of

(i) new non-credit programs, or

(ii) programs offered under service contract;

(d) the priorities for implementation of new programs and courses leading to certificates, diplomas or degrees;

(e) the establishment or discontinuance of faculties at the university;

(f) the evaluation of programs and educational services;

(g) the library and resource centres;

(h) the setting of the academic schedule;

(i) the qualifications for faculty members;

(j) the adjudication procedure for appealable matters of student discipline;

(k) the terms for affiliation with other post-secondary bodies;

(l) the consultation with community and program advisory groups concerning the university's educational programs;

(m) other matters specified by the board.

Planning Council for Open Learning

11 The Planning Council for Open Learning is established and is composed of the following members:

(a) the academic vice-president, who is its chair;

(b) two deans, appointed by the president;

(c) two officers of the university, appointed by the president;

(d) two persons who are faculty members referred to in section 8 (2) (g), elected by the university council;

(e) two members of the teaching staff in the Open Learning Division, elected by the teaching staff in the Open Learning Division;

(f) two persons nominated by the presidents of the universities under the University Act and the Royal Roads University Act, appointed by the president;

(g) two persons nominated by the presidents of the institutions under the College and Institute Act, appointed by the president;

(h) one student enrolled in the Open Learning Division and elected by the students;

(i) one alumni member who is not a faculty member, appointed by the university council on nomination by the alumni association;

(j) up to 2 additional persons appointed by the president.

Powers of the Planning Council for Open Learning

12 (1) Despite section 9, the Planning Council for Open Learning has the power to set the admission requirements for courses and programs, and residency requirements for awarding credentials, offered through the Open Learning Division.

(2) The Planning Council for Open Learning may advise or make recommendations to the board on the following:

(a) matters concerning the educational mandate of the Open Learning Division;

(b) the establishment, revision or discontinuance of courses and programs in the Open Learning Division;

(c) strategic direction for the Open Learning Division, including its role as a system partner in the ongoing development and expansion of distance and online learning in British Columbia;

(d) other matters at the request of the board.

(3) The Planning Council for Open Learning must report any resolutions it makes to the university council.

Consequential Amendments

College and Institute Act

13 Section 1 of the College and Institute Act, R.S.B.C. 1996, c. 52, is amended by adding the following paragraph to the definition of "university":

(c.1) the Thompson Rivers University continued under the Thompson Rivers University Act, .

Criminal Records Review Act

14 Section 7 (1) of the Criminal Records Review Act, R.S.B.C. 1996, c. 86, is amended by adding the following paragraph to the definition of "post secondary institution":

(b.3) the Thompson Rivers University, .

Degree Authorization Act

15 Section 2 (1) of the Degree Authorization Act, S.B.C. 2002, c. 24, is amended by adding the following paragraph:

20 Section 1 of the Municipal Finance Authority Act, R.S.B.C. 1996, c. 325, is amended by adding the following paragraph to the definition of "public institution":

(e.4) the Thompson Rivers University continued under the Thompson Rivers University Act, .

Notaries Act

21 Section 15 (1) (c) of the Notaries Act, R.S.B.C. 1996, c. 334, is amended by striking out "University Act." and substituting "Thompson Rivers University Act or the University Act.".

Nurses (Registered) Act

22 Section 27 (2) of the Nurses (Registered) Act, R.S.B.C. 1996, c. 335, is amended by striking out "or the University Act." and substituting ", the Thompson Rivers University Act or the University Act.".

Ombudsman Act

23 The Schedule to the Ombudsman Act, R.S.B.C. 1996, c. 384, is amended by adding the following:

25 Section 5 (2) of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003, c. 77, is amended by adding the following paragraph:

(g.1) the Thompson Rivers University, .

Private Career Training Institutions Act

26 Section 1 of the Private Career Training Institutions Act, S.B.C. 2003, c. 79, is amended in paragraph (c) (iv) of the definition of "career training" by striking out "Royal Roads University Act," and substituting "Royal Roads University Act, the Thompson Rivers University Act,".

Public Sector Employers Act

27 Section 1 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended by adding the following paragraph to the definition of "public sector employer":

(d.3) the Thompson Rivers University, .

School Act

28 Section 170.2 of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) in subsection (1) by adding the following paragraph to the definition of "public post-secondary institution":

(d.1) the Thompson Rivers University; , and

(b) in subsection (4) by adding the following paragraph:

(f.1) section 70.1 (2) of the University Act as it applies under section 4 of the Thompson Rivers University Act; .